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Report No. 170

5.4. Conclusion.-

Accordingly, we recommend that section 8B (as proposed by us and as set out hereinbelow) be enacted.

"8-B. Disqualification on framing of charge for certain offences.- A person against whom charge has been framed under:- (a) section 153A, section 171E, section 171F, section 171G, section 171H, section 171I, sub-section (1) or sub-section (2) of section 376, sub-section (2) or sub-section (3) of section 505 of the Indian Penal Code (45 of 1860); or

(b) sections 10 to 12 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or

(c) the penal provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) except section 27 thereof; or

(d) section 125, section 135, section 135A or sub-section (2) of section 136 of this Act; or

(e) any other offence punishable with imprisonment for life or death under any law, shall be disqualified for a period of five years from the date of framing the charge, provided he is not acquitted of the said charge before the date of scrutiny notified under section 36 of this Act."

We also reiterate the proposals to enhance the punishment for various electoral offences mentioned in the R.P. Act as well as in the Indian Penal Code. All of them are electoral offences and seriously interfere with a fair electoral process. They foul the electoral stream by letting in all kinds of distortions and evils into the electoral system and finally into our body-politic.The punishments at present provided are totally inadequate and are ridiculously low, hence need to be enhanced.



Reform of The Electoral Laws Back




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